Full Text of HB0738 98th General Assembly
HB0738ham003 98TH GENERAL ASSEMBLY | Rep. Katherine Cloonen Filed: 4/8/2014
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| 1 | | AMENDMENT TO HOUSE BILL 738
| 2 | | AMENDMENT NO. ______. Amend House Bill 738 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Oil and Gas Wells on Public Lands Act is | 5 | | amended by changing Section 10 as follows:
| 6 | | (5 ILCS 615/10) (from Ch. 96 1/2, par. 5010)
| 7 | | Sec. 10. Proceeds. Except as hereinafter provided, the | 8 | | proceeds derived
and bonuses, rentals and royalties from and | 9 | | other inducements and
considerations for the execution and | 10 | | operation of the oil and gas leases
provided for
in this Act | 11 | | shall be disposed of as provided for by the State
Officers and | 12 | | Employees Money Disposition Act. However, all
bonuses, rentals | 13 | | and royalties received from the permitting or leasing
of lands | 14 | | which have been purchased by the Department of Natural | 15 | | Resources
(formerly designated the Department of Conservation) | 16 | | from
moneys appropriated from the Wildlife and Fish Fund or the |
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| 1 | | Illinois Fisheries Management Fund and which at the time of
| 2 | | permitting or leasing are under the control of the Department | 3 | | of Natural
Resources (formerly designated the Department of | 4 | | Conservation),
shall be paid equally into the Wildlife and Fish | 5 | | Fund and the Illinois Fisheries Management Fund of the State
| 6 | | Treasury.
All proceeds, bonuses, rentals, royalties, and other | 7 | | inducements and
considerations received from the permitting or | 8 | | leasing of Department of Natural
Resources lands that have not | 9 | | been purchased by the Department of Natural
Resources with | 10 | | moneys appropriated from the Wildlife and Fish Fund and the | 11 | | Illinois Fisheries Management Fund shall be
deposited as | 12 | | follows: at least 50% of the amounts received shall be | 13 | | deposited
into the State Parks Fund and not more than 50% shall | 14 | | be deposited into the
Plugging and Restoration Fund.
| 15 | | (Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.)
| 16 | | Section 10. The Department of Natural Resources | 17 | | (Conservation) Law of the
Civil Administrative Code of Illinois | 18 | | is amended by changing Sections 805-235, 805-275, 805-335, | 19 | | 805-420, 805-430, 805-550, and 805-560 as follows:
| 20 | | (20 ILCS 805/805-235) (was 20 ILCS 805/63a6)
| 21 | | Sec. 805-235.
Lease of lands acquired by the Department; | 22 | | disposition of
obsolete buildings. The Department has the power | 23 | | to do and perform
each and every act or thing considered
by the | 24 | | Director to be necessary or desirable to fulfill and carry out
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| 1 | | the intent and purpose of all laws pertaining to the | 2 | | Department, including the right to rehabilitate or sell at
| 3 | | public auction buildings or structures affixed to lands over | 4 | | which the
Department has acquired jurisdiction when in the | 5 | | judgment of the Director
those
buildings or structures are | 6 | | obsolete, inadequate, or unusable for the
purposes
of the | 7 | | Department and to lease those lands with
or without | 8 | | appurtenances for a consideration in money or in kind for a
| 9 | | period of time not in excess of 5 years for the purposes and | 10 | | upon
the terms and conditions that the Director considers to
be | 11 | | in the best interests of
the State when those lands are not | 12 | | immediately to be used or
developed by the
State. All those | 13 | | sales shall be made subject to the written
approval of the
| 14 | | Governor. The funds derived from those sales and from those | 15 | | leases shall be
deposited in the State Parks Fund, except that | 16 | | funds derived from
those sales and from
those leases on lands | 17 | | managed and operated principally as wildlife
or fisheries
areas | 18 | | by the Department shall be
deposited in the Wildlife and Fish | 19 | | Fund or the Illinois Fisheries Management Fund, respectively .
| 20 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 21 | | (20 ILCS 805/805-275) (was 20 ILCS 805/63a27)
| 22 | | Sec. 805-275. Sale of gravel and other materials. The | 23 | | Department has the power to sell gravel,
sand, earth, or other | 24 | | material from any State of Illinois owned lands or
waters
under | 25 | | the jurisdiction of the Department at a fair market price. |
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| 1 | | Fifty percent of the The proceeds
from the sales shall be | 2 | | deposited into the Wildlife and
Fish Fund and 50% of the | 3 | | proceeds from the sales shall be deposited into the Illinois | 4 | | Fisheries Management Fund in the State
treasury.
| 5 | | (Source: P.A. 90-372, eff. 7-1-98; 91-239, eff. 1-1-00.)
| 6 | | (20 ILCS 805/805-335)
| 7 | | Sec. 805-335. Fees. The Department has the power to
assess | 8 | | appropriate and reasonable fees for the
use of concession type | 9 | | facilities as well as other facilities and sites under
the | 10 | | jurisdiction of the Department, including, but not limited to, | 11 | | beaches, bike trails, equestrian trails, and other types of | 12 | | trails. The Department
may
regulate, by rule, the fees to be | 13 | | charged. The income collected shall be
deposited into the State | 14 | | Parks Fund , the or Wildlife and Fish Fund , or the Illinois | 15 | | Fisheries Management Fund
depending on the classification of | 16 | | the State managed facility involved. The monies deposited into | 17 | | the State Parks Fund , or the Wildlife and Fish Fund , and the | 18 | | Illinois Fisheries Management Fund under this Section shall not | 19 | | be subject to administrative charges or chargebacks unless | 20 | | otherwise authorized by this Act.
| 21 | | (Source: P.A. 97-1136, eff. 1-1-13.)
| 22 | | (20 ILCS 805/805-420) (was 20 ILCS 805/63a36)
| 23 | | Sec. 805-420. Appropriations from Park and Conservation | 24 | | Fund. The
Department has the power to expend monies |
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| 1 | | appropriated to the
Department from the Park and Conservation | 2 | | Fund in the State
treasury for conservation and park purposes.
| 3 | | Eighty percent of the revenue derived from fees paid for | 4 | | certificates of title, duplicate
certificates of title and | 5 | | corrected certificates of title and deposited in
the Park and | 6 | | Conservation Fund, as provided for in Section 2-119 of the
| 7 | | Illinois Vehicle Code, shall be expended solely by the | 8 | | Department pursuant to
an appropriation for acquisition,
| 9 | | development, and maintenance of bike paths, including grants | 10 | | for the
acquisition and development of bike paths and 20% of | 11 | | the revenue derived from fees may only be used for operation of | 12 | | the Division of Fisheries within the Department, and shall be | 13 | | deposited into the Illinois Fisheries Management Fund, a | 14 | | special fund created in the State Treasury to be used for the | 15 | | operation of the Division of Fisheries within the Department .
| 16 | | Revenue derived from fees paid for the registration of | 17 | | motor vehicles of the first division and deposited in the Park | 18 | | and Conservation Fund, as provided for in Section 3-806 of the | 19 | | Illinois Vehicle Code, shall be expended by the Department for | 20 | | the following purposes: | 21 | | (A) Fifty percent of funds derived from the vehicle | 22 | | registration fee shall be used by the Department for normal | 23 | | operations. | 24 | | (B) Fifty percent of funds derived from the vehicle | 25 | | registration fee shall be used by the Department for | 26 | | construction and maintenance of State owned, leased, and |
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| 1 | | managed sites. | 2 | | The monies deposited into the Park and Conservation Fund | 3 | | and the Illinois Fisheries Management Fund under this Section | 4 | | shall not be subject to administrative charges or chargebacks | 5 | | unless otherwise authorized by this Act. | 6 | | (Source: P.A. 97-1136, eff. 1-1-13.)
| 7 | | (20 ILCS 805/805-430) (was 20 ILCS 805/63b2.4)
| 8 | | Sec. 805-430. Sale of advertising. The Department has
the | 9 | | power and authority to sell or exchange advertising rights in | 10 | | its
publications and printed materials.
The sale of advertising | 11 | | shall be subject to the rules and regulations
promulgated by | 12 | | the Department. All income received from the sale of
| 13 | | advertising shall be deposited equally in the Wildlife and Fish | 14 | | Fund and the Illinois Fisheries Management Fund , except that
| 15 | | income
received from advertising in State Park brochures shall | 16 | | be deposited into
the State Parks Fund and income received from | 17 | | advertising in boating or
snowmobile program literature shall | 18 | | be deposited in the State Boating Act
Fund.
| 19 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 20 | | (20 ILCS 805/805-550) | 21 | | Sec. 805-550. Reinstatement fee. | 22 | | (a) The Department may assess a fee of up to $1,000 for the | 23 | | reinstatement of revoked or suspended licenses, permits, | 24 | | registrations, and other privileges that it administers in the |
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| 1 | | exercise of its powers and duties under Illinois law. | 2 | | (b) Revenues generated from the reinstatement of State park | 3 | | privileges shall be deposited into the State Parks Fund. | 4 | | Revenues generated from the reinstatement of hunting, fishing, | 5 | | trapping, ginseng, falconry, wildlife rehabilitation, and | 6 | | outfitter licenses or privileges shall be deposited into the | 7 | | Wildlife and Fish Fund or the Illinois Fisheries Management | 8 | | Fund, respectively . Revenues generated from the reinstatement | 9 | | of boating and snowmobile privileges shall be deposited into | 10 | | the State Boating Act Fund. Revenues generated from the | 11 | | reinstatement of forestry purchasing privileges shall be | 12 | | deposited into the Illinois Forestry Development Fund. Other | 13 | | revenues generated from the reinstatement of a license, permit, | 14 | | registration, or other privilege shall be deposited into the | 15 | | State fund in which the fee for that privilege is deposited. | 16 | | The Comptroller shall maintain a separate accounting of the | 17 | | moneys deposited under this subsection. | 18 | | (c) Moneys deposited under subsection (b) shall be used by | 19 | | the Department, subject to appropriation, for the following | 20 | | purposes: | 21 | | (1) 85% of the moneys shall be used for the purchase of | 22 | | law enforcement vehicles for use by the Department's Office | 23 | | of Law Enforcement. | 24 | | (2) 15% of the moneys shall be used for the promotion | 25 | | of safety education by the Department's Office of Strategic | 26 | | Services.
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| 1 | | (Source: P.A. 96-1160, eff. 1-1-11; 97-1011, eff. 8-17-12.) | 2 | | (20 ILCS 805/805-560) | 3 | | Sec. 805-560. Entrance fees for site visitors from other | 4 | | states. | 5 | | (a) The General Assembly finds that a dedicated funding | 6 | | stream shall be established for the operation and maintenance | 7 | | of sites owned, managed, or leased by the Department to help | 8 | | ensure that these State treasures will be properly maintained | 9 | | and remain accessible to the public for generations to come. | 10 | | (b) The Department may charge an annual vehicle access fee | 11 | | for access by site visitors from other states to properties | 12 | | owned, managed, or leased by the Department. | 13 | | (c) The Department may charge a daily vehicle access fee to | 14 | | site visitors from other states who have not paid the current | 15 | | annual vehicle access fee. | 16 | | (d) The Department may establish a fine for site visitors | 17 | | from other states who enter a site in a vehicle without paying | 18 | | the annual vehicle access fee or daily vehicle access fee. | 19 | | (e) Revenue generated by the fees and fine assessed | 20 | | pursuant to this Section shall be deposited into the State | 21 | | Parks Fund , or the Wildlife and Fish Fund , or the Illinois | 22 | | Fisheries Management Fund , special funds in the State treasury , | 23 | | depending on the classification of the State managed facility | 24 | | involved . | 25 | | (f) The Department shall adopt any and all rules necessary |
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| 1 | | to implement this Section. | 2 | | (g) The monies deposited into the State Parks Fund , or the | 3 | | Wildlife and Fish Fund , and the Illinois Fisheries Management | 4 | | Fund under this Section shall not be subject to administrative | 5 | | charges or chargebacks unless otherwise authorized by this Act.
| 6 | | (Source: P.A. 97-1136, eff. 1-1-13.) | 7 | | Section 15. The State Parks Act is amended by changing | 8 | | Section 4c as follows:
| 9 | | (20 ILCS 835/4c) (from Ch. 105, par. 468.3)
| 10 | | Sec. 4c.
All income realized from properties under the | 11 | | jurisdiction
of the Department of Natural Resources shall be | 12 | | paid into
the State Parks Fund, except that income realized | 13 | | from properties managed and
operated principally as wildlife, | 14 | | forestry or fisheries areas shall be paid
into the Wildlife and | 15 | | Fish Fund or the Illinois Fisheries Management Fund, | 16 | | respectively . All income realized
from violations of this Act, | 17 | | other State laws and related regulations,
or local laws within | 18 | | such properties, except violations of the
Fish and Aquatic Life | 19 | | Code or the Wildlife Code, when such income is
derived from | 20 | | fines, penalties and other actions of county or municipal law
| 21 | | enforcement personnel, may be retained by the county or | 22 | | municipality where
the violations occurred.
| 23 | | The Department of Natural Resources may, upon written
| 24 | | authorization of the Director of the Department, establish |
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| 1 | | local
bank or savings and loan association accounts to | 2 | | temporarily hold this income.
All local bank or savings and | 3 | | loan association accounts established pursuant to
this Section | 4 | | shall be in the name of the Department of Natural Resources and
| 5 | | shall be subject to regular audits. The balance in a
local bank | 6 | | or savings and loan association account shall be forwarded to | 7 | | the
Department of Natural Resources for deposit with the State
| 8 | | Treasurer on Monday of each week if the amount to be deposited | 9 | | in a fund
exceeds $500 or within 30 days after deposit.
| 10 | | No bank or savings and loan association shall receive | 11 | | public funds as
permitted by this Section, unless it has | 12 | | complied with the requirements
established pursuant to Section | 13 | | 6 of the Public Funds Investment Act.
| 14 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 15 | | Section 20. The Firearms Training Act is amended by | 16 | | changing Sections 2 and 3 as follows:
| 17 | | (20 ILCS 875/2) (from Ch. 127, par. 63b62)
| 18 | | Sec. 2.
The Department of Natural Resources shall establish | 19 | | procedures
for administering the
programs. The Department may | 20 | | charge fees to recover expenses and shall deposit
any fees | 21 | | collected into the Wildlife and Fish Fund.
| 22 | | (Source: P.A. 89-75, eff. 1-1-96; 89-445, eff. 2-7-96.)
| 23 | | (20 ILCS 875/3) (from Ch. 127, par. 63b63)
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| 1 | | Sec. 3.
Every program coordinator authorized by the | 2 | | Director to
supervise a training program organized under this | 3 | | Act shall be covered
by a liability insurance policy which | 4 | | protects him from liability for
damages arising during any time | 5 | | he is engaged in the operation of his
official duties. The cost | 6 | | of such a program coordinator's liability
insurance policy | 7 | | shall be paid by the State of Illinois and shall be a
charge on | 8 | | the Wildlife Fund wildlife and fish fund .
| 9 | | (Source: P.A. 81-358.)
| 10 | | Section 25. The State Finance Act is amended by changing | 11 | | Sections 5.21 and 8.30 as follows:
| 12 | | (30 ILCS 105/5.21) (from Ch. 127, par. 141.21)
| 13 | | Sec. 5.21. The Wildlife and Fish Fund. | 14 | | (Source: P.A. 81-358.)
| 15 | | (30 ILCS 105/8.30) (from Ch. 127, par. 144.30)
| 16 | | Sec. 8.30.
All moneys received from the issuance of | 17 | | Lifetime
Hunting, Fishing or Sportsmen's Combination Licenses | 18 | | under Section
20-45 of the Fish and Aquatic Life Code shall be | 19 | | deposited
into the Fish and Wildlife Endowment Fund. All | 20 | | interest earned and accrued
from monies deposited in the Fish | 21 | | and Wildlife Endowment Fund shall be
deposited monthly by the | 22 | | State Treasurer in the Fish and Wildlife Endowment
Fund. The | 23 | | Treasurer upon request of the Director of the Department of
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| 1 | | Natural Resources from time to time may transfer amounts
from | 2 | | the Fish and
Wildlife Endowment Fund to the Wildlife and Fish | 3 | | Fund and the Illinois Fisheries Management Fund , but
the annual | 4 | | transfers shall not exceed the annual interest accrued to the
| 5 | | Fish and Wildlife Endowment Fund.
| 6 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 7 | | Section 30. The Illinois Oil and Gas Act is amended by | 8 | | changing Section 22.2 as follows:
| 9 | | (225 ILCS 725/22.2) (from Ch. 96 1/2, par. 5436)
| 10 | | Sec. 22.2. Integration of interests in drilling unit.
| 11 | | (a) As used in
this Section, "owner" means any person
| 12 | | having an interest in the right to drill into and produce oil | 13 | | or gas from
any pool, and to appropriate the production for | 14 | | such owner or others.
| 15 | | (b) Except as provided in subsection (b-5), when 2 or more | 16 | | separately
owned tracts of land are embraced
within an | 17 | | established drilling unit, or when there are separately owned
| 18 | | interests in all or a part of such units, the owners of all oil | 19 | | and gas
interests therein may validly agree to integrate their | 20 | | interests and to
develop their lands as a drilling unit.
Where, | 21 | | however, such owners have
not agreed to integrate their | 22 | | interests and where no action has been
commenced seeking | 23 | | permission to drill pursuant to the provisions of "An Act
in | 24 | | relation to oil and gas interests in land", approved July 1, |
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| 1 | | 1939, and
where at least one of the owners has drilled or has | 2 | | proposed to drill a
well on an established drilling unit the | 3 | | Department on the application of
an owner shall, for the | 4 | | prevention of waste or to avoid the drilling of
unnecessary | 5 | | wells, require such owners to do so and to develop their lands
| 6 | | as a drilling unit. The Department, as a part of the order | 7 | | integrating
interests, may prescribe the terms and conditions | 8 | | upon which the royalty
interests in the unit or units shall, in | 9 | | the absence of voluntary
agreement, be determined to be | 10 | | integrated without the necessity of a
subsequent separate order | 11 | | integrating the royalty interests. Each such
integration order | 12 | | shall be upon terms and conditions that are just and
| 13 | | reasonable.
| 14 | | (b-5) When 2 or more separately owned tracts of land are | 15 | | embraced within
an established drilling unit, or when there are | 16 | | separately owned interests in
all or a part of the unit, and | 17 | | one of the owners is the Department of
Natural Resources, | 18 | | integration of the separate tracts shall be allowed only
if, | 19 | | following a comprehensive environmental impact review | 20 | | performed by the
Department, the Department determines that no | 21 | | substantial or irreversible
detrimental harm will occur on | 22 | | Department lands as a result of any proposed
activities | 23 | | relating to mineral extraction. The environmental impact | 24 | | review
shall include but shall not be
limited to an assessment | 25 | | of the potential destruction or depletion of flora and
fauna, | 26 | | wildlife and its supporting habitat, surface and subsurface |
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| 1 | | water
supplies, aquatic life, and recreational activities | 2 | | located on the land
proposed to be integrated. The Department | 3 | | shall adopt rules necessary to
implement this subsection.
| 4 | | (b-6) All proceeds, bonuses, rentals, royalties, and other | 5 | | inducements and
considerations received from the integration | 6 | | of Department of Natural Resources
lands that have not been | 7 | | purchased by the Department of Natural Resources with
moneys | 8 | | appropriated from the Wildlife and Fish Fund and the Illinois | 9 | | Fisheries Management Fund shall be deposited as
follows: at | 10 | | least 50% of the amounts received shall be deposited into the
| 11 | | State Parks Fund and not more than 50% shall be deposited into | 12 | | the Plugging and
Restoration Fund.
| 13 | | (c) All orders requiring such integration shall be made | 14 | | after notice and
hearing and shall be upon terms and conditions | 15 | | that are just and reasonable
and will afford to the owners of | 16 | | all oil and gas interests in each tract in
the drilling unit | 17 | | the opportunity to recover or receive their just and
equitable | 18 | | share of oil or gas from the drilling unit without unreasonable
| 19 | | expense and will prevent or minimize reasonably avoidable | 20 | | drainage from
each integrated drilling unit which is not | 21 | | equalized by counter drainage,
but the Department may not limit | 22 | | the production from any well under this
provision. The request | 23 | | shall be made by petition accompanied by a non-refundable | 24 | | application fee of $1,500. The fee shall be deposited into the | 25 | | Underground Resources Conservation Enforcement Fund. The | 26 | | monies deposited into the Underground Resources Conservation |
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| 1 | | Enforcement Fund under this subsection shall not be subject to | 2 | | administrative charges or chargebacks unless otherwise | 3 | | authorized by this Act.
| 4 | | (d) All operations, including, but not limited to, the | 5 | | commencement,
drilling, or operation of a well upon any portion | 6 | | of a drilling unit shall
be deemed for all purposes the conduct | 7 | | of such operations upon each
separately owned tract in the | 8 | | drilling unit by the several owners thereof.
That portion of | 9 | | the production allocated to a separately owned tract
included | 10 | | in a drilling unit shall, when produced, be deemed, for all
| 11 | | purposes, to have been actually produced from such tract by a | 12 | | well drilled
thereon.
| 13 | | (e) In making the determination of integrating separately | 14 | | owned
interests, and determining to whom the permit should be | 15 | | issued, the
Department may consider:
| 16 | | (1) the reasons requiring the integration of separate | 17 | | interests;
| 18 | | (2) the respective interests of the parties in the | 19 | | drilling unit
sought to be established, and the pool or | 20 | | pools in the field where the
proposed drilling unit is | 21 | | located;
| 22 | | (3) any parties' prior or present compliance with the | 23 | | Act and the
Department's rules; and
| 24 | | (4) any other information relevant to protect the | 25 | | correlative rights
of the parties sought to be affected by | 26 | | the integration order.
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| 1 | | (f) Each such integration order shall authorize the | 2 | | drilling, testing,
completing, equipping, and operation of a | 3 | | well on the drilling unit;
provide who may drill and operate | 4 | | the well; prescribe the time and manner
in which all the owners | 5 | | in the drilling unit may elect to participate
therein; and make | 6 | | provision for the payment by all those who elect to
participate | 7 | | therein of the reasonable actual cost thereof, plus a
| 8 | | reasonable charge for supervision and interest. Should an owner | 9 | | not elect
to voluntarily participate in the risk and costs of | 10 | | the drilling, testing,
completing and operation of a well as | 11 | | determined by the Department, the
integration order shall | 12 | | provide either that:
| 13 | | (1) the nonparticipating owner shall surrender a | 14 | | leasehold interest to
the participating owners on a basis | 15 | | and for such terms and consideration
the Department finds | 16 | | fair and reasonable; or
| 17 | | (2) the nonparticipating owner shall share in a | 18 | | proportionate part of
the production of oil and gas from | 19 | | the drilling unit determined by the
Department, and pay a | 20 | | proportionate part of operation cost after the
| 21 | | participating owners have recovered from the production of | 22 | | oil or gas from
a well all actual costs in the drilling, | 23 | | testing, completing and operation
of the well plus a | 24 | | penalty to be determined by the Department of not less
than | 25 | | 100% nor more than 300% of such actual costs.
| 26 | | (g) For the purpose of this Section, the owner or owners of |
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| 1 | | oil and gas
rights in and under an unleased tract of land shall | 2 | | be regarded as a lessee
to the extent of a 7/8 interest in and | 3 | | to said rights and a lessor to the
extent of the remaining 1/8 | 4 | | interest therein.
| 5 | | (h) In the event of any dispute relative to costs and | 6 | | expenses of
drilling, testing, equipping, completing and | 7 | | operating a well, the
Department shall determine the proper | 8 | | costs after due notice to interested
parties and a hearing | 9 | | thereon. The operator of such unit, in addition to
any other | 10 | | right provided by the integration order of the Department, | 11 | | shall
have a lien on the mineral leasehold estate or rights | 12 | | owned by the other
owners therein and upon their shares of the | 13 | | production from such unit to
the extent that costs incurred in | 14 | | the development and operation upon said
unit are a charge | 15 | | against such interest by order of the Department or by
| 16 | | operation of law. Such liens shall be separable as to each | 17 | | separate owner
within such unit, and shall remain liens until | 18 | | the owner or owners drilling
or operating the well have been | 19 | | paid the amount due under the terms of the
integration order. | 20 | | The Department is specifically authorized to provide
that the | 21 | | owner or owners drilling, or paying for the drilling, or for | 22 | | the
operation of a well for the benefit of all shall be | 23 | | entitled to production
from such well which would be received | 24 | | by the owner or owners for whose
benefit the well was drilled | 25 | | or operated, after payment of royalty, until
the owner or | 26 | | owners drilling or operating the well have been paid the
amount |
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| 1 | | due under the terms of the integration order settling such | 2 | | dispute.
| 3 | | (Source: P.A. 97-1136, eff. 1-1-13.)
| 4 | | Section 35. The Environmental Protection Act is amended by | 5 | | changing Section 42 as follows: | 6 | | (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) | 7 | | Sec. 42. Civil penalties. | 8 | | (a) Except as provided in this Section, any person that | 9 | | violates any
provision of this Act or any regulation adopted by | 10 | | the Board, or any permit
or term or condition thereof, or that | 11 | | violates any order of the Board pursuant
to this Act, shall be | 12 | | liable for a civil penalty of not to exceed
$50,000 for the | 13 | | violation and an additional civil penalty of not to exceed
| 14 | | $10,000 for each day during which the violation continues; such | 15 | | penalties may,
upon order of the Board or a court of competent | 16 | | jurisdiction, be made payable
to the Environmental Protection | 17 | | Trust Fund, to be used in accordance with the
provisions of the | 18 | | Environmental Protection Trust Fund Act. | 19 | | (b) Notwithstanding the provisions of subsection (a) of | 20 | | this Section: | 21 | | (1) Any person that violates Section 12(f) of this Act | 22 | | or any
NPDES permit or term or condition thereof, or any | 23 | | filing requirement,
regulation or order relating to the | 24 | | NPDES permit program, shall be liable
to a civil penalty of |
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| 1 | | not to exceed $10,000 per day of violation. | 2 | | (2) Any person that violates Section 12(g) of this Act | 3 | | or any UIC permit
or term or condition thereof, or any | 4 | | filing requirement, regulation or order
relating to the | 5 | | State UIC program for all wells, except Class II wells as
| 6 | | defined by the Board under this Act, shall be liable to a | 7 | | civil penalty
not to exceed $2,500 per day of violation; | 8 | | provided, however, that any person
who commits such | 9 | | violations relating to the State UIC program for Class
II | 10 | | wells, as defined by the Board under this Act, shall be | 11 | | liable to a civil
penalty of not to exceed $10,000 for the | 12 | | violation and an additional civil
penalty of not to exceed | 13 | | $1,000 for each day during which the violation
continues. | 14 | | (3) Any person that violates Sections 21(f), 21(g), | 15 | | 21(h) or 21(i) of
this Act, or any RCRA permit or term or | 16 | | condition thereof, or any filing
requirement, regulation | 17 | | or order relating to the State RCRA program, shall
be | 18 | | liable to a civil penalty of not to exceed $25,000 per day | 19 | | of violation. | 20 | | (4)
In an administrative citation action under Section | 21 | | 31.1 of this Act,
any person found to have violated any | 22 | | provision of subsection (o) of
Section 21 of this Act shall | 23 | | pay a civil penalty of $500 for each
violation of each such | 24 | | provision, plus any hearing costs incurred by the Board
and | 25 | | the Agency. Such penalties shall be made payable to the | 26 | | Environmental
Protection Trust Fund, to be used in |
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| 1 | | accordance with the provisions of the
Environmental | 2 | | Protection Trust Fund Act; except that if a unit of local
| 3 | | government issued the administrative citation, 50% of the | 4 | | civil penalty shall
be payable to the unit of local | 5 | | government. | 6 | | (4-5) In an administrative citation action under | 7 | | Section 31.1 of this
Act, any person found to have violated | 8 | | any
provision of subsection (p) of
Section 21, Section | 9 | | 22.51, Section 22.51a, or subsection (k) of Section 55 of | 10 | | this Act shall pay a civil penalty of $1,500 for each | 11 | | violation
of
each such provision, plus any hearing costs | 12 | | incurred by the Board and the
Agency, except that the civil | 13 | | penalty amount shall be $3,000 for
each violation of any | 14 | | provision of subsection (p) of Section 21, Section 22.51, | 15 | | Section 22.51a, or subsection (k) of Section 55 that is the
| 16 | | person's second or subsequent adjudication violation of | 17 | | that
provision. The penalties shall be deposited into the
| 18 | | Environmental Protection Trust Fund, to be used in | 19 | | accordance with the
provisions of the Environmental | 20 | | Protection Trust Fund Act; except that if a
unit of local | 21 | | government issued the administrative citation, 50% of the | 22 | | civil
penalty shall be payable to the unit of local | 23 | | government. | 24 | | (5) Any person who violates subsection 6 of Section | 25 | | 39.5 of this Act
or any CAAPP permit, or term or condition | 26 | | thereof, or any fee or filing
requirement, or any duty to |
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| 1 | | allow or carry out inspection, entry or
monitoring | 2 | | activities, or any regulation or order relating to the | 3 | | CAAPP
shall be liable for a civil penalty not to exceed | 4 | | $10,000 per day of violation. | 5 | | (6) Any owner or operator of a community water system | 6 | | that violates subsection (b) of Section 18.1 or subsection | 7 | | (a) of Section 25d-3 of this Act shall, for each day of | 8 | | violation, be liable for a civil penalty not to exceed $5 | 9 | | for each of the premises connected to the affected | 10 | | community water system. | 11 | | (b.5) In lieu of the penalties set forth in subsections (a) | 12 | | and (b) of
this Section, any person who fails to file, in a | 13 | | timely manner, toxic
chemical release forms with the Agency | 14 | | pursuant to Section 25b-2
of this Act
shall be liable for a | 15 | | civil penalty of $100 per day for
each day the forms are
late, | 16 | | not to exceed a maximum total penalty of $6,000. This daily | 17 | | penalty
shall begin accruing on the thirty-first day after the
| 18 | | date that the person receives the warning notice issued by the | 19 | | Agency pursuant
to Section 25b-6 of this Act; and the penalty | 20 | | shall be paid to the Agency. The
daily accrual of penalties | 21 | | shall cease as of January 1 of the following year.
All | 22 | | penalties collected by the Agency pursuant to this subsection | 23 | | shall be
deposited into the Environmental Protection Permit and | 24 | | Inspection Fund. | 25 | | (c) Any person that violates this Act, any rule or | 26 | | regulation adopted under
this Act, any permit or term or |
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| 1 | | condition of a permit, or any Board order and
causes the death | 2 | | of fish
or aquatic life shall, in addition to the other | 3 | | penalties provided by
this Act, be liable to pay to the State | 4 | | an additional sum for the
reasonable value of the fish or | 5 | | aquatic life destroyed. Any money so
recovered shall be placed | 6 | | in the Illinois Fisheries Management Fund Wildlife and Fish | 7 | | Fund in the State
Treasury. | 8 | | (d) The penalties provided for in this Section may be | 9 | | recovered in a
civil action. | 10 | | (e) The State's Attorney of the county in which the | 11 | | violation
occurred, or the Attorney General, may, at the | 12 | | request of the Agency or
on his own motion, institute a civil | 13 | | action for an injunction, prohibitory or mandatory, to
restrain | 14 | | violations of this Act, any rule or regulation adopted under | 15 | | this Act,
any permit or term or condition of a permit, or any | 16 | | Board order, or to require such other actions as may be | 17 | | necessary to address violations of this Act, any rule or | 18 | | regulation adopted under this Act, any permit or term or | 19 | | condition of a permit, or any Board order. | 20 | | (f) The State's Attorney of the county in which the | 21 | | violation
occurred, or the Attorney General, shall bring such | 22 | | actions in the name
of the people of the State of Illinois.
| 23 | | Without limiting any other authority which may exist for the | 24 | | awarding
of attorney's fees and costs, the Board or a court of | 25 | | competent
jurisdiction may award costs and reasonable | 26 | | attorney's fees, including the
reasonable costs of expert |
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| 1 | | witnesses and consultants, to the State's
Attorney or the | 2 | | Attorney General in a case where he has prevailed against a
| 3 | | person who has committed a wilful, knowing or repeated | 4 | | violation of this Act,
any rule or regulation adopted under | 5 | | this Act, any permit or term or condition
of a permit, or any | 6 | | Board order. | 7 | | Any funds collected under this subsection (f) in which the | 8 | | Attorney
General has prevailed shall be deposited in the
| 9 | | Hazardous Waste Fund created in Section 22.2 of this Act. Any | 10 | | funds
collected under this subsection (f) in which a State's | 11 | | Attorney has
prevailed shall be retained by the county in which | 12 | | he serves. | 13 | | (g) All final orders imposing civil penalties pursuant to | 14 | | this Section
shall prescribe the time for payment of such | 15 | | penalties. If any such
penalty is not paid within the time | 16 | | prescribed, interest on such penalty
at the rate set forth in | 17 | | subsection (a) of Section 1003 of the Illinois Income
Tax Act, | 18 | | shall be paid for the period from the date payment is due until | 19 | | the
date payment is received. However, if the time for payment | 20 | | is stayed during
the pendency of an appeal, interest shall not | 21 | | accrue during such stay. | 22 | | (h) In determining the appropriate civil penalty to be | 23 | | imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), or | 24 | | (b)(5) of this
Section, the Board is authorized to consider any | 25 | | matters of record in
mitigation or aggravation of penalty, | 26 | | including but not limited to the
following factors: |
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| 1 | | (1) the duration and gravity of the violation; | 2 | | (2) the presence or absence of due diligence on the | 3 | | part of the
respondent in attempting to comply with | 4 | | requirements of this
Act and regulations thereunder or to | 5 | | secure relief therefrom as provided by
this Act; | 6 | | (3) any economic benefits accrued by the respondent
| 7 | | because of delay in compliance with requirements, in which | 8 | | case the economic
benefits shall be determined by the | 9 | | lowest cost alternative for achieving
compliance; | 10 | | (4) the amount of monetary penalty which will serve to | 11 | | deter further
violations by the respondent and to otherwise | 12 | | aid in enhancing
voluntary
compliance with this Act by the | 13 | | respondent and other persons
similarly
subject to the Act; | 14 | | (5) the number, proximity in time, and gravity of | 15 | | previously
adjudicated violations of this Act by the | 16 | | respondent; | 17 | | (6) whether the respondent voluntarily self-disclosed, | 18 | | in accordance
with subsection (i) of this Section, the | 19 | | non-compliance to the Agency; | 20 | | (7) whether the respondent has agreed to undertake a | 21 | | "supplemental
environmental project," which means an | 22 | | environmentally beneficial project that
a respondent | 23 | | agrees to undertake in settlement of an enforcement action | 24 | | brought
under this Act, but which the respondent is not | 25 | | otherwise legally required to
perform; and | 26 | | (8) whether the respondent has successfully completed |
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| 1 | | a Compliance Commitment Agreement under subsection (a) of | 2 | | Section 31 of this Act to remedy the violations that are | 3 | | the subject of the complaint. | 4 | | In determining the appropriate civil penalty to be imposed | 5 | | under subsection
(a) or paragraph (1), (2), (3), or (5) of | 6 | | subsection (b) of this Section, the
Board shall ensure, in all | 7 | | cases, that the penalty is at least as great as the
economic | 8 | | benefits, if any, accrued by the respondent as a result of the
| 9 | | violation, unless the Board finds that imposition of such | 10 | | penalty would result
in an arbitrary or unreasonable financial | 11 | | hardship. However, such civil
penalty
may be off-set in whole | 12 | | or in part pursuant to a supplemental
environmental project | 13 | | agreed to by the complainant and the respondent. | 14 | | (i) A person who voluntarily self-discloses non-compliance | 15 | | to the Agency,
of which the Agency had been unaware, is | 16 | | entitled to a 100% reduction in the
portion of the penalty that | 17 | | is not based on the economic benefit of
non-compliance if the | 18 | | person can
establish the following: | 19 | | (1) that the non-compliance was discovered through an | 20 | | environmental
audit or a compliance management system | 21 | | documented by the regulated entity as
reflecting the | 22 | | regulated entity's due diligence in preventing, detecting, | 23 | | and
correcting violations; | 24 | | (2) that the non-compliance was disclosed in writing | 25 | | within 30 days of
the date on which the person discovered | 26 | | it; |
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| 1 | | (3) that the non-compliance was discovered and | 2 | | disclosed prior to: | 3 | | (i) the commencement of an Agency inspection, | 4 | | investigation, or request
for information; | 5 | | (ii) notice of a citizen suit; | 6 | | (iii) the filing of a complaint by a citizen, the | 7 | | Illinois Attorney
General, or the State's Attorney of | 8 | | the county in which the violation occurred; | 9 | | (iv) the reporting of the non-compliance by an | 10 | | employee of the person
without that person's | 11 | | knowledge; or | 12 | | (v) imminent discovery of the non-compliance by | 13 | | the Agency; | 14 | | (4) that the non-compliance is being corrected and any | 15 | | environmental
harm is being remediated in a timely fashion; | 16 | | (5) that the person agrees to prevent a recurrence of | 17 | | the non-compliance; | 18 | | (6) that no related non-compliance events have | 19 | | occurred in the
past 3 years at the same facility or in the | 20 | | past 5 years as part of a
pattern at multiple facilities | 21 | | owned or operated by the person; | 22 | | (7) that the non-compliance did not result in serious | 23 | | actual
harm or present an imminent and substantial | 24 | | endangerment to human
health or the environment or violate | 25 | | the specific terms of any judicial or
administrative order | 26 | | or consent agreement; |
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| 1 | | (8) that the person cooperates as reasonably requested | 2 | | by the Agency
after the disclosure; and | 3 | | (9) that the non-compliance was identified voluntarily | 4 | | and not through a
monitoring, sampling, or auditing | 5 | | procedure that is required by statute, rule,
permit, | 6 | | judicial or administrative order, or consent agreement. | 7 | | If a person can establish all of the elements under this | 8 | | subsection except
the element set forth in paragraph (1) of | 9 | | this subsection, the person is
entitled to a 75% reduction in | 10 | | the portion of the penalty that is not based
upon the economic | 11 | | benefit of non-compliance. | 12 | | (j) In addition to any other remedy or penalty that may
| 13 | | apply, whether civil or criminal, any person who violates | 14 | | Section 22.52 of this Act shall be liable for an additional | 15 | | civil penalty of up to 3 times the gross amount of any | 16 | | pecuniary gain resulting from the violation.
| 17 | | (k) In addition to any other remedy or penalty that may | 18 | | apply, whether civil or criminal, any person who violates | 19 | | subdivision (a)(7.6) of Section 31 of this Act shall be liable | 20 | | for an additional civil penalty of $2,000. | 21 | | (Source: P.A. 96-603, eff. 8-24-09; 96-737, eff. 8-25-09; | 22 | | 96-1000, eff. 7-2-10; 96-1416, eff. 7-30-10; 97-519, eff. | 23 | | 8-23-11.) | 24 | | Section 40. The Firearm Owners Identification Card Act is | 25 | | amended by changing Section 5 as follows:
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| 1 | | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
| 2 | | Sec. 5. The Department of State Police shall either approve | 3 | | or
deny all applications within 30 days from the date they are | 4 | | received,
and every applicant found qualified under Section 8 | 5 | | of this Act by
the Department shall be entitled to a Firearm | 6 | | Owner's Identification
Card upon the payment of a $10 fee. Any | 7 | | applicant who is an active duty member of the Armed Forces of | 8 | | the United States, a member of the Illinois National Guard, or | 9 | | a member of the Reserve Forces of the United States is exempt | 10 | | from the application fee. $6 of each fee derived from the
| 11 | | issuance of Firearm Owner's Identification Cards, or renewals | 12 | | thereof,
shall be deposited in the Wildlife and Fish Fund in | 13 | | the State Treasury;
$1 of the fee shall be deposited in the | 14 | | State Police Services Fund and $3 of the fee shall be deposited | 15 | | in the
State Police Firearm Services Fund.
| 16 | | (Source: P.A. 98-63, eff. 7-9-13.)
| 17 | | Section 45. The Fish and Aquatic Life Code is amended by | 18 | | changing Sections 1-155, 1-215, 1-230, 5-5, 20-45, 20-85, and | 19 | | 30-15 and by adding Sections 1-43 and 1-231 as follows: | 20 | | (515 ILCS 5/1-43 new) | 21 | | Sec. 1-43. Fisheries Division Chief. "Fisheries Division | 22 | | Chief" means the top Administrator in the Division of Fisheries | 23 | | in the Department of Natural Resources.
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| 1 | | (515 ILCS 5/1-155) (from Ch. 56, par. 1-155)
| 2 | | Sec. 1-155. Conservation training schools; public | 3 | | education. The
Department may establish Conservation Training | 4 | | Schools and employ
technicians and other help necessary for the | 5 | | purpose of
teaching conservation methods to employees of the | 6 | | Department and
other interested groups as the Department deems | 7 | | necessary or desirable
to carry out the provisions and purposes | 8 | | of this Code.
| 9 | | In order to educate the citizens of this State in the | 10 | | modern trends of
conservation, the Department shall | 11 | | disseminate conservation information and
the provisions of | 12 | | this Code through lectures, motion pictures, photographs,
| 13 | | exhibits, radio, news items, pamphlets, and other media the | 14 | | Department may
deem suitable for this purpose.
| 15 | | The Department may publish, periodically, a bulletin or | 16 | | magazine
containing information concerning the work of the | 17 | | Department, the
conservation and propagation of wildlife, | 18 | | hunting and fishing, and any other
information as the | 19 | | Department deems to be of general or special interest to
| 20 | | sportsmen and others affected by any law administered by the | 21 | | Department. A
reasonable charge may be made for each copy of | 22 | | the publication. All funds
derived from the sale of that | 23 | | publication shall be deposited equally into the
Wildlife and | 24 | | Fish Fund and the Illinois Fisheries Management Fund in the | 25 | | State Treasury.
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| 1 | | The Department shall provide and maintain management and | 2 | | habitat
development on State controlled lands or waters used in | 3 | | propagating or
breeding aquatic life as the Department deems | 4 | | necessary to conform with the
most modern conservation methods. | 5 | | The Department may also cooperate in
management and habitat | 6 | | development with any person propagating or breeding
aquatic | 7 | | life on privately-owned lands or waters.
| 8 | | (Source: P.A. 87-833.)
| 9 | | (515 ILCS 5/1-215) (from Ch. 56, par. 1-215)
| 10 | | Sec. 1-215. Illegal fishing devices; public nuisance. | 11 | | Every fishing
device, including seines, nets, or traps, or any | 12 | | electrical device or any
other devices, including vehicles, | 13 | | watercraft, or aircraft, used or
operated illegally or | 14 | | attempted to be used or operated illegally by any
person in | 15 | | taking, transporting, holding, or conveying any aquatic life
| 16 | | contrary to this Code, including administrative rules, shall be | 17 | | deemed a
public nuisance and therefore illegal and subject to | 18 | | seizure and
confiscation by any authorized employee of the | 19 | | Department. Upon the
seizure of such an item the Department | 20 | | shall take and hold the item until
disposed of as provided in | 21 | | this Code.
| 22 | | Upon the seizure of any device because of its illegal use, | 23 | | the officer
or authorized employee of the Department making the | 24 | | seizure shall, as soon
as reasonably possible, cause a | 25 | | complaint to be filed before the Circuit
Court and a summons to |
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| 1 | | be issued requiring the owner or person in
possession of the | 2 | | property to appear in court and show cause why the
device | 3 | | seized should not be forfeited to the State. Upon the return of
| 4 | | the summons duly served or upon posting or publication of | 5 | | notice as provided
in this Code, the court shall proceed to | 6 | | determine the question of the
illegality of the use of the | 7 | | seized property. Upon judgment being entered
to the effect that | 8 | | the property was illegally used, an order shall be
entered | 9 | | providing for the forfeiture of the seized property to the | 10 | | State.
The owner of the property, however, may have a jury | 11 | | determine the
illegality of its use, and shall have the right | 12 | | of an appeal as in other
civil cases. Confiscation or | 13 | | forfeiture shall not preclude or mitigate
against prosecution | 14 | | and assessment of penalties provided in Section 20-35
of this | 15 | | Code.
| 16 | | Upon seizure of any property under circumstances | 17 | | supporting a
reasonable belief that the property was abandoned, | 18 | | lost, stolen, or
otherwise illegally possessed or used contrary | 19 | | to this
Code, except property seized during a search or arrest, | 20 | | and ultimately
returned, destroyed, or otherwise disposed of | 21 | | under order of a court
in accordance with this Code, the | 22 | | authorized employee of the Department
shall make reasonable | 23 | | inquiry and efforts to identify and notify the owner
or other | 24 | | person entitled to possession of the property and shall return | 25 | | the
property after the person provides reasonable and | 26 | | satisfactory proof of
his or her ownership or right to |
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| 1 | | possession and reimburses the Department
for all reasonable | 2 | | expenses of custody. If the identity or location of the
owner | 3 | | or other person entitled to possession of the property has not | 4 | | been
ascertained within 6 months after the Department obtains | 5 | | possession, the
Department shall effectuate the sale of the | 6 | | property for cash to the
highest bidder at a public auction. | 7 | | The owner or other person entitled to
possession of the | 8 | | property may claim and recover possession of the
property at | 9 | | any time before its sale at public auction upon providing
| 10 | | reasonable and satisfactory proof of ownership or right of | 11 | | possession and
reimbursing the Department for all reasonable | 12 | | expenses of custody.
| 13 | | Any property forfeited to the State by court order under | 14 | | this Section
may be disposed of by public auction, except that | 15 | | any property that is
the subject of a court order shall not be | 16 | | disposed of pending appeal
of the order. The proceeds of the | 17 | | sales at auction shall be deposited in
the Illinois Fisheries | 18 | | Management Wildlife and Fish Fund.
| 19 | | The Department shall pay all costs of posting or | 20 | | publication of
notices required by this Section.
| 21 | | (Source: P.A. 87-833.)
| 22 | | (515 ILCS 5/1-230) (from Ch. 56, par. 1-230)
| 23 | | Sec. 1-230. Wildlife and Fish Fund; disposition of money
| 24 | | received. All fees, fines, income of whatever kind or nature | 25 | | derived
from hunting and fishing activities on lands, waters, |
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| 1 | | or both under the
jurisdiction or control of the Department, | 2 | | and all penalties collected under
this Code shall be deposited | 3 | | into the State Treasury and
shall be set apart in a special | 4 | | fund to be known as the Wildlife and Fish
Fund; except that all | 5 | | fees and revenues from commercial fishing licenses, sport | 6 | | fishing licenses, inland trout stamps, reimbursements from | 7 | | sport fish restoration grants and Asian Carp and aquatic | 8 | | invasive species grants and other grants from the federal | 9 | | government, fines collected for fish kills and violations of | 10 | | the Fish and Aquatic Life Code, stamps issued for fish habitat, | 11 | | management, or angling events after January 1, 2015 shall be | 12 | | deposited into the Illinois Fisheries Management Fund to be | 13 | | used as specified under Section 1-231 of this Code; except that | 14 | | fees derived solely from the sale of salmon stamps, income
from | 15 | | art contests for the salmon stamp, including income from the | 16 | | sale
of reprints, and gifts, donations, grants, and bequests of | 17 | | money for the
conservation and propagation of salmon shall be | 18 | | deposited into the State
Treasury and set apart in the special | 19 | | fund to be known as the Salmon
Fund; and except that fees | 20 | | derived solely from the sale of state
migratory waterfowl | 21 | | stamps, and gifts, donations, grants and bequests of
money for | 22 | | the conservation and propagation of waterfowl, shall be | 23 | | deposited
into the State Treasury and set apart in the special | 24 | | fund to be known as the
State Migratory Waterfowl Stamp Fund. | 25 | | All interest that accrues from moneys
in the Wildlife and Fish | 26 | | Fund, the Illinois Fisheries Management Fund, the Salmon Fund, |
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| 1 | | and the State Migratory
Waterfowl Stamp Fund shall be retained | 2 | | in those funds respectively.
Except for the additional moneys | 3 | | deposited under Section 805-550 of the Department of Natural | 4 | | Resources (Conservation) Law of the
Civil Administrative Code | 5 | | of Illinois, appropriations from the Wildlife and Fish Fund and | 6 | | the Illinois Fisheries Management Fund shall be made only to | 7 | | the
Department for the carrying out of the powers and functions | 8 | | vested by law
in the Department
for the administration and | 9 | | management of fish and wildlife resources of this State for | 10 | | such activities as (i) the purchase of land for fish | 11 | | hatcheries,
wildlife refuges, preserves, and public shooting | 12 | | and fishing grounds; (ii)
the purchase and distribution of wild | 13 | | birds, the eggs of wild birds, and
wild mammals; (iii) the | 14 | | rescuing, restoring and distributing of fish; (iv)
the | 15 | | maintenance of wildlife refuges or preserves, public shooting | 16 | | grounds,
public fishing grounds, and fish hatcheries; and (v) | 17 | | the feeding and care
of wild birds, wild mammals, and fish. | 18 | | Appropriations from the Salmon Fund
shall be made only to the | 19 | | Department to be used solely for the conservation
and | 20 | | propagation of salmon, including construction, operation, and
| 21 | | maintenance of a cold water hatchery, and for payment of the | 22 | | costs of
printing salmon stamps, the expenses incurred in | 23 | | acquiring salmon stamp
designs, and the expenses of producing | 24 | | reprints.
| 25 | | (Source: P.A. 95-853, eff. 8-18-08; 96-1160, eff. 1-1-11; | 26 | | 96-1518, eff. 2-4-11.)
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| 1 | | (515 ILCS 5/1-231 new) | 2 | | Sec. 1-231. Illinois Fisheries Management Fund; | 3 | | disposition of money received. Beginning January 1, 2015, all | 4 | | fees or revenue collected from any resident or non-resident | 5 | | commercial licenses; any resident or non-resident sport | 6 | | fishing licenses; inland trout stamps; all reimbursements from | 7 | | sport fish restoration grants, Asian Carp and aquatic invasive | 8 | | species grants, and other grants from the federal government; | 9 | | fines collected from fish kills and violations of this Code; | 10 | | and any new revenues created from stamps issued for fish | 11 | | habitat, management, or angling events shall be deposited into | 12 | | the Illinois Fisheries Management Fund to be used for the | 13 | | direct benefit and operation of the Division of Fisheries | 14 | | within the Department. The Fund may be used only for fish | 15 | | propagation, fish management, fish conservation, fisheries | 16 | | research, commercial fish evaluation and management, aquatic | 17 | | education projects and programs, enforcement of this Code, | 18 | | expenses of operating the Division of Fisheries within the | 19 | | Department of Natural Resources, maintenance of public fishing | 20 | | grounds, sale of fishing licenses, and land acquisition for the | 21 | | purposes of fish propagation and research and providing access | 22 | | to sport fishing. All expenditures must be approved by the | 23 | | Fisheries Division Chief.
| 24 | | (515 ILCS 5/5-5) (from Ch. 56, par. 5-5)
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| 1 | | Sec. 5-5. Ownership and title; violations; penalties. The | 2 | | ownership of
and title to all aquatic life within the | 3 | | boundaries of the State, are
hereby declared to be in the | 4 | | State, and no aquatic life shall be taken or
killed, in any | 5 | | manner or at any time, unless the person or persons so
taking | 6 | | or killing the aquatic life shall consent that the title to the
| 7 | | aquatic life shall be and remain in the State for the purpose | 8 | | of regulating
the taking, killing, possession, use, sale, and | 9 | | transportation of aquatic
life after taking or killing, as set | 10 | | forth in this Code.
| 11 | | Aquatic products, as defined in the Aquaculture | 12 | | Development Act, bred,
hatched, propagated, or raised by the | 13 | | owner of a body of water, with the
consent of the Department of | 14 | | Natural Resources through the
issuance of an
aquaculture permit | 15 | | and consistent with this Section, in permitted
aquaculture | 16 | | facilities in or on that body of water are the property of the
| 17 | | person who bred, hatched, propagated, or raised them or that | 18 | | person's
successor in interest. Ownership of aquatic products | 19 | | reverts to the State
upon revocation or expiration of an | 20 | | aquaculture permit as prescribed by
administrative rule.
| 21 | | If any person causes any waste, sewage, thermal effluent, | 22 | | or any other
pollutant to enter into, or causes or allows | 23 | | pollution of, any waters of
this State so as to kill aquatic | 24 | | life, the Department, through the Attorney
General, may bring | 25 | | an action against that person and recover the value of
and the | 26 | | related costs in determining the value of the aquatic life
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| 1 | | destroyed by the waste, sewage, thermal effluent, or pollution. | 2 | | Any money
so recovered shall be placed into the Illinois | 3 | | Fisheries Management Wildlife and Fish Fund in the State
| 4 | | Treasury.
| 5 | | If any person shall abandon, deposit, or otherwise place | 6 | | any wire,
can, bottle, glass, paper, trash, rubbish, cardboard, | 7 | | wood cartons,
boxes, trees, parts of trees, brush, or other | 8 | | insoluble material,
including animal or vegetable material, | 9 | | into the waters or upon the ice
of any waters of this State, or | 10 | | in any place on the bank of waters of
this State where it shall | 11 | | be liable to be washed into the waters either
by storms, | 12 | | floods, or other causes, the person shall be in violation of | 13 | | the
offense of polluting. Employees of the Department, however, | 14 | | may place or
direct the placement, in the waters of the State, | 15 | | of insoluble materials
deemed suitable for the purposes of | 16 | | enhancing aquatic habitat. Any person
who shall be found guilty | 17 | | under this Section shall be guilty of a petty
offense, and the | 18 | | Court shall further order that the guilty person shall
employ | 19 | | every practical means of removing the debris within a time | 20 | | specified
by the Court. Failure to comply with an order under | 21 | | this Section shall
constitute a Class B misdemeanor.
| 22 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 23 | | (515 ILCS 5/20-45) (from Ch. 56, par. 20-45)
| 24 | | Sec. 20-45. License fees for residents. Fees for licenses | 25 | | for residents
of the State of Illinois shall be as follows:
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| 1 | | (a) Except as otherwise provided in this Section, for | 2 | | sport fishing
devices as defined in Section 10-95 or | 3 | | spearing devices as defined in
Section 10-110, the fee is | 4 | | $14.50 for individuals 16 to 64 years old,
one-half of the | 5 | | current fishing license fee for individuals age 65 or | 6 | | older,
and, commencing with the 2012 license year, one-half | 7 | | of the current fishing license fee for resident veterans of | 8 | | the United States Armed Forces after returning from service | 9 | | abroad or mobilization by the President of the United | 10 | | States. Veterans must provide, to the Department at one of | 11 | | the Department's 5 regional offices, verification of their | 12 | | service. The Department shall establish what constitutes | 13 | | suitable verification of service for the purpose of issuing | 14 | | fishing licenses to resident veterans at a reduced fee.
| 15 | | (b) All residents before using any commercial fishing | 16 | | device shall
obtain a commercial fishing license, the fee | 17 | | for which shall be $60 and a resident fishing license, the | 18 | | fee for which is $14.50.
Each and every commercial device | 19 | | used shall be licensed by a resident
commercial fisherman | 20 | | as follows:
| 21 | | (1) For each 100 lineal yards, or fraction thereof, | 22 | | of seine
the fee is $18. For each minnow seine, minnow | 23 | | trap, or net for commercial
purposes the fee is $20.
| 24 | | (2) For each device to fish with a 100 hook trot | 25 | | line
device,
basket trap, hoop net, or dip net the fee | 26 | | is $3.
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| 1 | | (3) When used in the waters of Lake Michigan, for | 2 | | the first 2000
lineal feet, or fraction thereof, of | 3 | | gill net the fee is $10; and
for each 1000 additional | 4 | | lineal feet, or fraction thereof, the fee is $10.
These | 5 | | fees shall apply to all gill nets in use in the water | 6 | | or on drying
reels on the shore.
| 7 | | (4) For each 100 lineal yards, or fraction thereof, | 8 | | of gill net
or trammel net the fee is $18.
| 9 | | (c) Residents of the State of Illinois may obtain a | 10 | | sportsmen's
combination license that shall entitle the | 11 | | holder to the same
non-commercial fishing privileges as | 12 | | residents holding a license as
described in subsection (a) | 13 | | of this Section and to the same hunting
privileges as | 14 | | residents holding a license to hunt all species as
| 15 | | described in Section 3.1 of the Wildlife Code. No | 16 | | sportsmen's combination
license shall be issued to any | 17 | | individual who would be ineligible for
either the fishing | 18 | | or hunting license separately. The sportsmen's
combination | 19 | | license fee shall be $25.50.
For residents age 65 or older, | 20 | | the fee is one-half of the fee charged for a
sportsmen's | 21 | | combination license. The portion of the sportsmen's | 22 | | combination license attributable to the fishing license | 23 | | shall be deposited into the Illinois Fisheries Management | 24 | | Fund, and the portion of the sportsmen's combination | 25 | | license attributable to the hunting license shall be | 26 | | deposited into the Wildlife Fund. For resident veterans of |
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| 1 | | the United States Armed Forces after returning from service | 2 | | abroad or mobilization by the President of the United | 3 | | States, the fee, commencing with the 2012 license year, is | 4 | | one-half of the fee charged for a
sportsmen's combination | 5 | | license. Veterans must provide to the Department, at one of | 6 | | the Department's 5 regional offices, verification of their | 7 | | service. The Department shall establish what constitutes | 8 | | suitable verification of service for the purpose of issuing | 9 | | sportsmen's
combination licenses to resident veterans at a | 10 | | reduced fee.
| 11 | | (d) For 24 hours of fishing
by sport fishing devices
as | 12 | | defined in Section 10-95 or by spearing devices as defined | 13 | | in Section
10-110 the fee is $5. This license does not | 14 | | exempt the licensee from the
requirement for a salmon or | 15 | | inland trout stamp. The licenses provided for
by this | 16 | | subsection
are not required for residents of the State of | 17 | | Illinois who have obtained the
license provided for in | 18 | | subsection (a) of this Section.
| 19 | | (e) All residents before using any commercial mussel | 20 | | device shall
obtain a commercial mussel license, the fee | 21 | | for which shall be $50.
| 22 | | (f) Residents of this State, upon establishing | 23 | | residency as required
by the Department, may obtain a | 24 | | lifetime hunting or fishing license or
lifetime | 25 | | sportsmen's combination license which shall entitle the | 26 | | holder to
the same non-commercial fishing privileges as |
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| 1 | | residents holding a license
as described in paragraph (a) | 2 | | of this Section and to the same hunting
privileges as | 3 | | residents holding a license to hunt all species as | 4 | | described
in Section 3.1 of the Wildlife Code. No lifetime | 5 | | sportsmen's combination
license shall be issued to or | 6 | | retained by any individual
who would be ineligible for | 7 | | either the fishing or hunting license
separately, either | 8 | | upon issuance, or in any year a violation would
subject an | 9 | | individual to have either or both fishing or hunting | 10 | | privileges
rescinded. The lifetime hunting and fishing | 11 | | license fees shall be as follows:
| 12 | | (1) Lifetime fishing: 30 x the current fishing | 13 | | license fee.
| 14 | | (2) Lifetime hunting: 30 x the current hunting | 15 | | license fee.
| 16 | | (3) Lifetime sportsmen's combination license: 30 x | 17 | | the current
sportsmen's combination license fee.
| 18 | | Lifetime licenses shall not be refundable. A $10 fee shall | 19 | | be charged
for reissuing any lifetime license. The Department | 20 | | may establish rules and
regulations for the issuance and use of | 21 | | lifetime licenses and may suspend
or revoke any lifetime | 22 | | license issued under this Section for violations of
those rules | 23 | | or regulations or other provisions under this Code or the
| 24 | | Wildlife Code. Individuals under 16 years of age who possess a | 25 | | lifetime
hunting or sportsmen's combination license shall have | 26 | | in their possession,
while in the field, a certificate of |
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| 1 | | competency as required under Section
3.2 of the Wildlife Code. | 2 | | Any lifetime license issued under this Section
shall not exempt | 3 | | individuals from obtaining additional stamps or permits
| 4 | | required under the provisions of this Code or the Wildlife | 5 | | Code.
Individuals required to purchase additional stamps shall | 6 | | sign the stamps
and have them in their possession while fishing | 7 | | or hunting with a lifetime
license. All fees received from the | 8 | | issuance
of lifetime licenses shall be deposited in the Fish | 9 | | and Wildlife Endowment
Fund.
| 10 | | Except for licenses issued under subsection (e) of this | 11 | | Section, all
licenses provided for in this Section shall expire | 12 | | on March 31 of
each year, except that the license provided for | 13 | | in subsection (d) of
this Section shall expire 24 hours after | 14 | | the effective date and time listed
on the face of the license.
| 15 | | All individuals required to have and failing to have the | 16 | | license provided
for in subsection (a) or (d) of this Section | 17 | | shall be fined according to the
provisions of Section 20-35 of | 18 | | this Code.
| 19 | | All individuals required to have and failing to have the | 20 | | licenses
provided for in subsections (b) and (e) of this | 21 | | Section shall be guilty of a
Class B misdemeanor.
| 22 | | (Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12; | 23 | | 97-1136, eff. 1-1-13.)
| 24 | | (515 ILCS 5/20-85) (from Ch. 56, par. 20-85)
| 25 | | Sec. 20-85. Taxidermist license.
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| 1 | | (a) Before engaging in the business of taxidermy of aquatic | 2 | | life , every person shall
obtain a license for that purpose from | 3 | | the Department. Application for a
license shall be filed with | 4 | | the Department and shall set forth the name of
the applicant; | 5 | | its principal officers, if the applicant is a corporation,
or | 6 | | the partners, if the applicant is a partnership; the location | 7 | | of the
place of business; and any additional information the | 8 | | Department may
require. The annual fee for each taxidermist | 9 | | license shall be $25. All
licenses issued to taxidermists are | 10 | | valid only at the location described
and designated on the | 11 | | application for the license. All taxidermist licenses
shall | 12 | | expire on January 31 of each year. Individuals employed
by a
| 13 | | licensed taxidermist shall not be required to possess a | 14 | | taxidermist license
while working for and at the place of | 15 | | business of the license holder.
| 16 | | Licensed taxidermists shall submit to the Department a list | 17 | | naming all
individuals who will be working at the place of | 18 | | business specified on the
permit. Only those individuals whose | 19 | | names are on file with the Department
shall be authorized to | 20 | | work under the scope of the taxidermist's license.
| 21 | | (b) Taxidermists shall keep written records of all aquatic | 22 | | life or parts of
aquatic life received or returned by them. | 23 | | Records shall include the following
information:
| 24 | | (1) The date the aquatic life was received.
| 25 | | (2) The name and address of the person from whom the | 26 | | aquatic life was
received.
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| 1 | | (3) The number and species of all aquatic life | 2 | | received.
| 3 | | (4) The number and state of issuance of the fishing | 4 | | license, or
special Department permit, of the person from | 5 | | whom the aquatic life was
received. In the absence of a | 6 | | license or permit number, the taxidermist may
rely on the | 7 | | written certification of the person from whom the aquatic | 8 | | life was
received that the specimen was legally taken or | 9 | | obtained, or, in the event the
person is exempt from the | 10 | | apposite license requirements, an indication of the
| 11 | | exemption.
| 12 | | (c) All aquatic life or parts of aquatic life that have | 13 | | been
received, preserved, mounted, or possessed by a | 14 | | taxidermist are required to
bear a coded origin tag or label. | 15 | | The coded origin tag or label shall
correspond with written | 16 | | records containing more complete information as
required by the | 17 | | Department.
| 18 | | (d) Taxidermy records shall be open for inspection by any | 19 | | peace officer
at any reasonable hour. Taxidermists shall | 20 | | maintain records for a period
of 2 years from the date of | 21 | | receipt of the aquatic life or for as long as
the specimen or | 22 | | mount remains in the taxidermist's possession, whichever is
| 23 | | longer.
| 24 | | The Department may require the taxidermist to submit to it | 25 | | any information
it deems necessary.
| 26 | | (e) No taxidermist shall have in his or her possession any |
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| 1 | | aquatic
life that is not listed in his or her written records | 2 | | and properly
tagged or labeled.
| 3 | | (f) All persons licensed as taxidermists under this Code | 4 | | who shall ship any
aquatic life or parts of aquatic life that | 5 | | have been received, preserved, or
mounted shall tag or label | 6 | | the shipment and the tag or label shall state the
name of the | 7 | | taxidermist and the number and date of his or her license.
| 8 | | (g) Nothing in this Section removes taxidermists from | 9 | | responsibility for
the observance of any federal laws, rules, | 10 | | or regulations that may apply to the
taxidermy business.
| 11 | | (Source: P.A. 88-416; 89-66, eff. 1-1-96.)
| 12 | | (515 ILCS 5/30-15) (from Ch. 56, par. 30-15)
| 13 | | Sec. 30-15. Use of license fees. No funds accruing to the | 14 | | State of
Illinois from license fees paid by fishermen shall be | 15 | | diverted for any
other purpose than the administration of the | 16 | | Department of Natural
Resources for the management of fish and | 17 | | wildlife resources of the State.
| 18 | | (Source: P.A. 95-853, eff. 8-18-08.)
| 19 | | Section 50. The Wildlife Code is amended by changing | 20 | | Sections 1.11, 1.25, 1.28, 1.30, 3.1-3, 3.21, and 3.39 as | 21 | | follows:
| 22 | | (520 ILCS 5/1.11) (from Ch. 61, par. 1.11)
| 23 | | Sec. 1.11.
The Department may establish Conservation |
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| 1 | | Training Schools and employ
technicians and such other help as | 2 | | may be necessary for the purpose of
teaching conservation | 3 | | methods to employees of the
Department, and such other | 4 | | interested groups as the Department shall
deem necessary or | 5 | | desirable to carry out the provisions and purposes of
this Act.
| 6 | | The Department shall, in order to educate the citizens of | 7 | | this State
in the modern trends of conservation, disseminate
| 8 | | conservation information and the provisions of this Act
through | 9 | | the mediums of lectures, motion pictures, photographs, | 10 | | pictures,
exhibits, radio, news items, pamphlets and other | 11 | | media the Department
may deem suitable for this purpose.
| 12 | | The Department may publish, periodically, a bulletin or | 13 | | magazine
containing information concerning the work of the | 14 | | Department, the
conservation and propagation of wildlife, | 15 | | hunting and fishing, and any
such other information as the | 16 | | Department deems to be of general or
special interest to | 17 | | sportsmen and others affected by any law
administered by the | 18 | | Department. A reasonable charge may be made for each
copy of | 19 | | such publication. All funds derived from the sale of such
| 20 | | publication shall be deposited equally in the Wildlife Fund and | 21 | | the Illinois Fisheries Management Fund and Fish fund in the | 22 | | State
Treasury.
| 23 | | (Source: P.A. 81-382.)
| 24 | | (520 ILCS 5/1.25) (from Ch. 61, par. 1.25)
| 25 | | Sec. 1.25.
Every hunting or trapping device, vehicle or |
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| 1 | | conveyance, when
used or operated illegally, or attempted to be | 2 | | used or operated illegally
by any person in taking, | 3 | | transporting, holding, or conveying any wild bird
or wild | 4 | | mammal, contrary to the provisions of this Act, including | 5 | | administrative
rules, is a public nuisance and subject to | 6 | | seizure and confiscation by
any authorized employee of the | 7 | | Department; upon the seizure of such item
the Department shall | 8 | | take and hold the same until disposed of as hereinafter | 9 | | provided.
| 10 | | Upon the seizure of any property as herein provided, the | 11 | | authorized employee
of the Department making such seizure shall | 12 | | forthwith cause a complaint
to be filed before the Circuit | 13 | | Court and a summons to be issued requiring
the person who | 14 | | illegally used or operated or attempted to use or operate
such | 15 | | property and the owner and person in possession of such | 16 | | property to
appear in court and show cause why the property | 17 | | seized should not be forfeited
to the State.
Upon the return of | 18 | | the summons duly served or other notice as herein provided,
the | 19 | | court shall proceed to determine the question of the illegality | 20 | | of the
use of the seized property and upon judgment being | 21 | | entered to the effect
that such property was illegally used, an | 22 | | order may be entered providing
for the forfeiture of such | 23 | | seized property to the Department and shall thereupon
become | 24 | | the property of the Department; but the owner of such property | 25 | | may
have a jury determine the illegality of its use, and shall | 26 | | have the right
of an appeal, as in other cases. Such |
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| 1 | | confiscation or forfeiture
shall not preclude or mitigate | 2 | | against prosecution and assessment of penalties
otherwise | 3 | | provided in this Act.
| 4 | | Upon seizure of any property under circumstances | 5 | | supporting a
reasonable belief that such property was | 6 | | abandoned, lost or stolen or
otherwise illegally possessed or | 7 | | used contrary to the provisions of this
Act, except property | 8 | | seized during a search or arrest, and ultimately
returned, | 9 | | destroyed, or otherwise disposed of pursuant to order of a | 10 | | court
in accordance with this Act, the authorized employee of | 11 | | the Department
shall make reasonable inquiry and efforts to | 12 | | identify and notify the owner
or other person entitled to | 13 | | possession thereof, and shall return the
property after such | 14 | | person provides reasonable and satisfactory proof of
his | 15 | | ownership or right to possession and reimburses the Department | 16 | | for all
reasonable expenses of such custody. If the identity or | 17 | | location of the
owner or other person entitled to possession of | 18 | | the property has not been
ascertained within 6 months after the | 19 | | Department obtains such possession,
the Department shall | 20 | | effectuate the sale of the property for cash to the
highest | 21 | | bidder at a public auction. The owner or other person entitled | 22 | | to
possession of such property may claim and recover possession | 23 | | of the
property at any time before its sale at public auction, | 24 | | upon providing
reasonable and satisfactory proof of ownership | 25 | | or right of possession and
reimbursing the Department for all | 26 | | reasonable expenses of custody thereof.
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| 1 | | Any property, including guns, forfeited to the State by | 2 | | court order pursuant
to this Section, may be disposed of by | 3 | | public auction, except
that any property which is the subject | 4 | | of such a court order shall not be
disposed of pending appeal | 5 | | of the order. The proceeds of the sales at auction
shall be | 6 | | deposited in the Wildlife and Fish Fund.
| 7 | | The Department shall pay all costs of notices required by | 8 | | this Section.
| 9 | | (Source: P.A. 85-152.)
| 10 | | (520 ILCS 5/1.28) (from Ch. 61, par. 1.28)
| 11 | | Sec. 1.28. Fees and fines; deposit in funds. All fees, | 12 | | fines,
including bond forfeitures, income of whatsoever
kind or | 13 | | nature derived from hunting and fishing activities on lands or | 14 | | waters
or both under the jurisdiction or control of the | 15 | | Department, and all penalties
collected under this Act shall be | 16 | | deposited in the State Treasury and
shall be set apart in a | 17 | | special fund to be known as the "Wildlife and Fish
Fund"; | 18 | | except that all fees and revenues from commercial fishing | 19 | | licenses, sport fishing licenses, inland trout stamps, | 20 | | reimbursements from sport fish restoration grants and Asian | 21 | | Carp and aquatic invasive species grants and other grants from | 22 | | the federal government, fines collected for fish kills and | 23 | | violations of the Fish and Aquatic Life Code, stamps issued for | 24 | | fish habitat, management, or angling events after January 1, | 25 | | 2015 shall be deposited into the Illinois Fisheries Management |
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| 1 | | Fund to be used as specified in Section 1-231 of the Fish and | 2 | | Aquatic Life Code; except that fees derived solely from the | 3 | | sale of salmon stamps,
income from art contests for the salmon | 4 | | stamp, including income from the
sale of reprints, and gifts, | 5 | | donations, grants and bequests of money for
the conservation | 6 | | and propagation of salmon shall be deposited in the State
| 7 | | Treasury and set apart in the special fund to be known as the | 8 | | "Salmon
Fund"; and except that fees derived solely from the | 9 | | sale of state migratory
waterfowl stamps, and gifts, donations, | 10 | | grants and bequests of money for
the conservation and | 11 | | propagation of waterfowl shall be deposited in the
special fund | 12 | | to be known as the "State Migratory Waterfowl Stamp Fund";
and | 13 | | except that, of fees derived
solely from the sale of State | 14 | | Habitat Stamps, 64% shall be deposited into the Illinois | 15 | | Habitat Fund, 30% into the State Pheasant Fund,
and 6% into the | 16 | | State Furbearer Fund. Income generated from the sale of
artwork | 17 | | associated with the State Habitat Stamps shall be deposited | 18 | | into
the Illinois Habitat Fund.
All interest that accrues from | 19 | | monies deposited into the Wildlife and
Fish Fund, the Illinois | 20 | | Fisheries Management Fund, the Salmon Fund, the State Migratory | 21 | | Waterfowl Stamp Fund, the
State Furbearer Fund, the State | 22 | | Pheasant Fund, and the
Illinois Habitat Fund shall be deposited | 23 | | into those funds, respectively.
Appropriations from the | 24 | | "Wildlife and
Fish Fund" shall be made only to the Department | 25 | | for the carrying out of
the powers and functions vested by law | 26 | | in the Department
for the administration and management of fish |
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| 1 | | and wildlife resources of this State for such activities as the | 2 | | purchase of land for fish hatcheries, wildlife refuges,
| 3 | | preserves and public shooting and fishing grounds; the purchase | 4 | | and
distribution of wild birds, the eggs of wild birds, and | 5 | | wild mammals for
rescuing, restoring and distributing fish ; the | 6 | | maintenance of wildlife
refuges, or preserves, public shooting | 7 | | grounds , public fishing grounds and
fish hatcheries ; and the | 8 | | feeding and care of wild birds and , wild
animals and fish .
| 9 | | (Source: P.A. 95-853, eff. 8-18-08.)
| 10 | | (520 ILCS 5/1.30) (from Ch. 61, par. 1.30)
| 11 | | Sec. 1.30.
The Department has the authority to sell
Federal | 12 | | Migratory Bird Hunting and Conservation Stamps.
The Department | 13 | | may consign, issue or otherwise make
available such stamps for | 14 | | sale by designated agents as
authorized in Section 3.37 of this | 15 | | Act. The income
received from the sale of Federal Migratory | 16 | | Bird Hunting
and Conservation Stamps shall be deposited in the | 17 | | Wildlife
and Fish Fund. Proceeds collected, less | 18 | | administrative fees
so authorized, shall be remitted to the | 19 | | United States Fish
and Wildlife Services.
| 20 | | (Source: P.A. 85-966.)
| 21 | | (520 ILCS 5/3.1-3)
| 22 | | Sec. 3.1-3. Deer and wild turkey outfitter permit; | 23 | | application and fees. Before
any person provides or offers to | 24 | | provide, for compensation, outfitting services
for deer or
wild |
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| 1 | | turkey hunting, that person must apply for and receive a permit | 2 | | from the
Department. The
annual fee for resident outfitter | 3 | | permits shall not exceed $1,000. The annual
fee for
nonresident | 4 | | outfitter permits shall not exceed $2,500. All outfitter permit
| 5 | | fees shall be
deposited into the Wildlife and Fish Fund. The | 6 | | criteria, definitions,
application process,
fees, and | 7 | | standards of outfitting services shall be provided by
| 8 | | administrative rule.
| 9 | | (Source: P.A. 92-177, eff. 7-27-01.)
| 10 | | (520 ILCS 5/3.21) (from Ch. 61, par. 3.21)
| 11 | | Sec. 3.21.
(a) Every person before engaging in the business | 12 | | of
taxidermy of wildlife shall obtain a license for such | 13 | | purpose from the Department.
Application for such license shall | 14 | | be filed with the Department and shall
set forth the name of | 15 | | the applicant; its principal officers, if the
applicant is a | 16 | | corporation, or the partners, if the applicant is a
| 17 | | partnership; the location of the place of business and such | 18 | | additional
information as the Department may require. The | 19 | | annual fee for each
taxidermist license shall be $25.00. All | 20 | | licenses issued to taxidermists
are valid only at the location | 21 | | described and designated on the application
for such license. | 22 | | All taxidermist permits shall expire on January 31 of
each | 23 | | year. Persons employed by a licensed taxidermist shall not be
| 24 | | required to possess a taxidermist license while working for and | 25 | | at the
place of business of the license holder.
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| 1 | | Licensed taxidermists shall submit to the Department a list | 2 | | naming all
individuals who will be working at the place of | 3 | | business specified on
the license. Only those individuals whose | 4 | | names are on file with the
Department shall be authorized to | 5 | | work under the scope of the taxidermist's
license.
| 6 | | (b) Taxidermists shall keep written records of all birds or | 7 | | mammals,
or parts thereof, received or returned by them. | 8 | | Records shall include the
following information:
| 9 | | (1) The date the bird or mammal was received.
| 10 | | (2) The name and address of the person from whom the | 11 | | bird or mammal was
received.
| 12 | | (3) The number and species of each bird or mammal | 13 | | received.
| 14 | | (4) The number and state of issuance of the hunting or | 15 | | trapping license,
or special Department permit, of the | 16 | | individual from whom the bird or mammal
was received. In | 17 | | the absence of a license or permit number, the
taxidermist | 18 | | may rely on the written certification of the person from | 19 | | whom the
bird or mammal was received that the specimen was | 20 | | legally taken or obtained,
or, in the event the individual | 21 | | is exempt from the apposite license
requirements, an | 22 | | indication of such exemption.
| 23 | | (c) All birds or mammals or parts thereof that have been | 24 | | received,
preserved
or mounted or possessed by a taxidermist | 25 | | are required to bear a coded origin
tag or label. The origin | 26 | | tag or label shall correspond with written
records containing |
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| 1 | | more complete information as required by the Department.
| 2 | | (d) Taxidermy records shall be open for inspection by any | 3 | | peace officer
at any reasonable hour. Taxidermists shall | 4 | | maintain records for a period
of 2 years from the date of | 5 | | receipt of the bird or mammal or for as long
as the specimen or | 6 | | mount remains in the taxidermist's possession, whichever
is | 7 | | longer. The Department may require the taxidermist to submit to | 8 | | it such
information as it deems necessary.
| 9 | | (e) A licensed taxidermist may possess the green hides of | 10 | | furbearers and
other game mammals the year round as long as | 11 | | such hides are tagged as and
remain the property of the | 12 | | individual who legally took them and for whom the
taxidermist | 13 | | is performing services.
| 14 | | (f) A licensed taxidermist may without a fur tanners permit | 15 | | tan the
green hides of furbearers and other game mammals as | 16 | | long as such hides are
tagged as and remain the property of the | 17 | | individual who legally took them
and for whom the taxidermist | 18 | | is performing services.
| 19 | | (f.5) A licensed taxidermist may, without a fur buyer's | 20 | | permit, buy, sell,
transport and possess the green or tanned | 21 | | hides of any legally obtained
furbearer or game mammal the year | 22 | | round as long as the hides in the
taxidermist's possession are | 23 | | used for taxidermy purposes only and bear a coded
origin tag or | 24 | | label. The origin tag or label shall correspond with written
| 25 | | records containing more complete information as required by the | 26 | | Department.
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| 1 | | (g) No taxidermist shall have in his or her possession any | 2 | | bird or
mammal that is not listed in his written records and | 3 | | properly tagged or
labeled.
| 4 | | (h) All persons licensed as taxidermists under this Act who | 5 | | shall ship
any birds or mammals or parts thereof that have been | 6 | | received, preserved or
mounted, shall tag or label such | 7 | | shipment and such tag or label shall
state the name of the | 8 | | taxidermist and the number and date of his or her
license.
| 9 | | (i) Nothing in this Section removes taxidermists from | 10 | | responsibility for
the observance of any federal laws, rules, | 11 | | or regulations that may apply to the
taxidermy business.
| 12 | | (Source: P.A. 88-416.)
| 13 | | (520 ILCS 5/3.39) (from Ch. 61, par. 3.39)
| 14 | | Sec. 3.39.
Residents of the State of Illinois may obtain a | 15 | | Sportsmen's
Combination License which shall entitle the holder | 16 | | to the same
non-commercial fishing privileges as residents | 17 | | holding a fishing license
described in subparagraph (a) of | 18 | | Section 20-45 of the Fish and Aquatic Life
Code, and to the | 19 | | same hunting privileges as residents holding a license to
hunt | 20 | | all species, as described in Section 3.1 of this Act. The | 21 | | portion of the sportsmen's combination license attributable to | 22 | | the fishing license shall be deposited into the Illinois | 23 | | Fisheries Management Fund, and the portion of the sportsmen's | 24 | | combination license attributable to the hunting license shall | 25 | | be deposited into the Wildlife Fund. However, no
Sportsmen's |
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| 1 | | Combination License shall be issued to any person who would be
| 2 | | ineligible for either the fishing or hunting license | 3 | | separately. The
Sportsmen's Combination License fee shall be | 4 | | $25.50.
For residents age 65 or older, the fee is one-half of | 5 | | the fee charged for a
Sportsmen's Combination License.
| 6 | | (Source: P.A. 96-831, eff. 1-1-10.)
| 7 | | (520 ILCS 5/1.28a rep.)
| 8 | | Section 55. The Wildlife Code is amended by repealing | 9 | | Section 1.28a.
| 10 | | Section 58. The Wildlife Restoration Cooperation Act is | 11 | | amended by changing Section 2 as follows:
| 12 | | (520 ILCS 15/2) (from Ch. 61, par. 134)
| 13 | | Sec. 2. No funds accruing to the State of Illinois from | 14 | | license fees paid by
hunters shall be diverted for any other | 15 | | purpose than the administration
of the Department of Natural | 16 | | Resources for the management of fish and wildlife resources of | 17 | | the State.
| 18 | | (Source: P.A. 95-853, eff. 8-18-08.)
| 19 | | Section 60. The Ginseng Harvesting Act is amended by | 20 | | changing Section 2g as follows:
| 21 | | (525 ILCS 20/2g) (from Ch. 61, par. 514)
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| 1 | | Sec. 2g.
All fees, fines, and other income of whatsoever | 2 | | kind or nature
derived from this Act shall be deposited in the | 3 | | Wildlife and Fish Fund in
the State treasury.
| 4 | | (Source: P.A. 83-680.)".
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